Sharifeh v. Fox (In Re Sharif)

AMENDED MEMORANDUM OPINION ON MOTION TO DISMISS (Dkt. No. 42)

JACQUELINE P. COX, Bankruptcy Judge.

Defendant Horace Fox, Jr., in his capacity as the Chapter 7 Trustee (“Trustee Fox”) of the bankruptcy estate of Debtor Richard Sharif, asks that the court dismiss Plaintiff Ragda Sharifeh’s two-count Adversary Complaint herein pursuant to Federal Rule of Civil Procedure 12(b)(6), made applicable to adversary proceedings by Federal Rule of Bankruptcy Procedure 7012(b) 1

For the separate reasons noted herein, the Motion to Dismiss is granted.

I. Background

The court takes judicial notice of the many…